Absolute Scaffolding Services has been granted a licence by the Transport Tribunal, following an appeal over South-Eastern & Metropolitan Traffic Commissioner Philip Brown's earlier refusal.
However, in directing that a licence be granted for one vehicle with an operating centre at Rock Lane, Guestling, Hastings, the Tribunal imposed a series of conditions:
The company's application had been opposed by Rother District Council and there were representations from four neighbouring residents. The firm had been operating from the site under interim authority, subject to a number of environmental conditions.
Evidence was given by the council that there was no planning permission for the use of the site as an operating centre.
The TC considered that the site was technically suitable, but concluded that it was manifestly unsuitable on environmental grounds.
The Tribunal said a finding of environmental unsuitability under the legislation was not mandatory.
The legislation provided for the attachment of conditions to prevent or minimise adverse environmental effects. All the TC needed to do was to find that the site was suitable subject to conditions.
This meant continuing the conditions on the interim licence, which had been observed by the company and accepted by the council and the representors and to strengthen them in the light of the evidence.
The Tribunal considered the TC had erred in concluding that the site was environmentally unsuitable as an operating centre.
Year: 2014 | Body Type: Scaffolding | Cab Type: Day | Registration: 177 | Mileage: 482,700 km | Category: Rigids
